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RWhat comprises as a dangerous weapon
The use of a particular target in one circumstance should not be construed to show that any deliberate unjustified coming in contact with with an object previously in a different circumstance to have recently been capable penalized a dangerous weapon constitutes a crime; a reasonable jury might well reach a different summary as to a subject when used in different conditions. M. G. L. A. c. 265, §§ 15B, 18C. Com. v. Mattei, 455 Mass. 840, 920 N. Electronic. 2d 845 (2010)
In determining if the use of a certain object has been capable to be a dangerous tool so that the use constituted a crime, the primary question is whether the object, because used by the defendant, has the ability to of producing critical bodily harm; that query is for the jury to ascertain, taking into account the purposes which is why the object is supposed and the manner in which it is used. M. G. L. A. c. 265, §§ 15B, 18C. Com. v. Mattei, 455 Mass. 840, 920 N. Electronic. 2d 845 (2010)
The kind of behavior to get the wrongdoing of strike by means of a risky weapon can be an to the outside demonstration of force, and requires only evident ability to damage, which, of necessity includes the particular employ that the defendant made of the thing. M. G. L. A. c. 265, § 15B(b). Com. versus. Mattei, 455 Mass. 840, 920 And. E. second 845 (2010)
The appropriate standard for deciding whether a natural object was used as a hazardous weapon is targeted on the object's apparent capacity to inflict damage and perhaps the victim fairly so identified it, irrespective of whether the crimes at issue are attack by means of a risky weapon or home intrusion. M. G. L. A. c. 265, §§ 15B(b), 18C. Com. v. Mattei, 455 Mass. 840, 920 N. Elizabeth. 2d 845 (2010)
To meet the dangerous weapon element of the crime, the grand jury will need to have heard adequate evidence to suggest that a great instrumentality, regulated by the defendant has got the apparent capability to inflict harm; the victim reasonably thus perceived that; and the defendant, by usage of the instrumentality, intended to cause fear to be able to further the robbery. Earth v. Delgado, 367 Mass. 432, 436 (1975). Com. v. Calhoun, 2004 WL 5540243
Commonwealth must confirm beyond an affordable doubt the fact that defendant had, at the time having been in the store, an object that would qualify as a " dangerous weapon. ” The standard definition of " dangerous weapon” includes all those items that happen to be, by their nature, capable of creating serious harm or death, but also includes items that are being used or exhibited in a way such that they reasonably appear capable of triggering serious personal injury or fatality. Commonwealth sixth is v. Tevlin, 433 Mass. 305, 311, 741 N. Electronic. 2d 827 (2001); Commonwealth v. Tarrant, 367 Mass. 411, 416-417, 326 In. E. second 710 (1975). Thus, a subject that is, in closer inspection, incapable of inflicting serious harm or death can still be considered a dangerous tool if, in the time the offense, it would have been reasonable to trust that it was capable of inflicting such harm. See, e. g., Earth v. Henson, 357 Mass. 686, 693-694, 259 And. E. second 769 (1970) Com. v. Powell, 433 Mass. 399, 401, 742 N. Elizabeth. 2d 1061, 1064 (2001)
(victim's affordable perception that object in defendant's bank was firearm sufficient to compliment conviction of armed invasion with intention of rob although object was only hairbrush); Commonwealth v. Garafolo, 23 Mass. Iphone app. Ct. 905, 907, 499 N. Elizabeth. 2d 839 (1986) Com. v. Powell, 433 Mass. 399, 401, 742 D. E. second 1061, 1064 (2001)
The jury had been properly directed that, for a artificial weapon to become considered a " harmful weapon, ” it would **1066 have to be " reasonable” for the patient to believe which the weapon was real or perhaps that it was in a position of imposing death or serious physical injury. Com. v. Powell, 433 Mass. 399, 404, 742 And. E. 2d 1061, 1065-66 (2001)
Factors relevant to this determination include the circumstances under which the thing is used as well as the size and condition of the assaulting and assaulted individuals. A dangerous system is a subject capable of doing...
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